Goslin v. Magher

Full title: UNA GOSLIN, Respondent, v . ANNIE IRENE MAGHER, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 1, 1910

141 App. Div. 926 (N.Y. App. Div. 1910)

125 N.Y.S. 1122

Opinion

December, 1910.

Present — Ingraham, P.J., McLaughlin, Clarke, Scott and Dowling, JJ. Ingraham, P.J., and Clarke, J., dissenting.

Judgment and order affirmed, with costs. No opinion.

INGRAHAM, P.J. (dissenting):

I think the verdict was without evidence to support it, as the evidence entirely fails to show that the defendant, at any time, enticed or induced the plaintiff's husband to abandon her, or was the procuring cause of the abandonment, or of the interruption of the marital relations between the husband and wife. ( Buchanan v. Foster, 23 App. Div. 542; Hanor v. Housel, 128 id. 801.) I also think the verdict was excessive, and cannot be sustained for the amount that the jury awarded. I, therefore, dissent. Clarke, J., concurred.